DEPUTY COMMISSIONER OF INCOME TAX Vs. THE PAPER PRODUCTS P. LTD.
LAWS(IT)-2014-5-25
INCOME TAX APPELLATE TRIBUNAL
Decided on May 07,2014

Appellant
VERSUS
Respondents

JUDGEMENT

N.K.BILLAIYA,AM. - (1.) ITA No. 6810/Mum/2012, 6893/Mum/2012 are cross appeals by the Assessee and the Revenue against the very same order of the Ld.CIT(A) -4, Mumbai dated 17.08.2012 pertaining to A.Y. 2004 -05. ITA No. 6891/Mum/2012 is appeal by the assessee against the order of the Ld.CIT(A) -4, Mumbai dated 17.08.2012 pertaining to A.Y. 2007 -08. ITA No. 6892/Mum/2012 is appeal by the Assessee against the order of the Ld.CIT(A) -4, Mumbai dated 28.08.2012 pertaining to A.Y. 2008 -09 as common issues are involved in all these appeals. They were heard together and disposed of by this common order for the sake of convenience and brevity.
(2.) COMMON ground in all the appeals filed by the assessee for A.Yrs. 2004 -05,2007 -08 and 2008 -09 read as under: - "On the facts and circumstances of the case and in law the Ld.CIT(A) has erred in confirming the action of the AO by disallowing Rs. 20 lakhs on account of write off of 1/10th of non compete fees."
(3.) AS regards this common ground in all the three years, the learned counsel for the assessee has conceded before us that common issue involved therein relating to disallowance of assessee's claim for deduction on account of write off of non -compete fees is squarely covered against the assessee by third member decision of the Co -ordinate Bench of this Tribunal in assessee's own case for A.Y. 1998 -99 to A.Y. 2001 -02. He has submitted that the assessee, however, has taken this matter to the Hon'ble Bombay High Court which is still pending. He has submitted that the issue involved in the years under consideration being identical with the question of law arising in the case of the assessee for earlier years which is pending before the Hon'ble Bombay High Court. The assessee has filed a declaration as required by the provisions of section 158A(1) of the Act. Accordingly we decide this issue against the assessee following the decision of the Tribunal in assessee's own case for A.Y. 1998 -99 to A.Y. 2001 -02 with the right to give assessee to seek amendment of this order if necessary so as to bring the same inconformity with the decision of the Hon'ble Bombay High Court. On the identical question of law with the same becomes final for A.Y. 1998 -99 to 2001 -02. Ground No. 1 and 2 for A.Y. 2004 -05, Ground No. 1 and 2 of A.Y. 2007 -08 and Ground No. 4 of A.Y. 2008 -09 of assessee's appeal are accordingly dismissed. Ground No. 3 for A.Y. 2004 -05 read as under: - "On facts and circumstances of the case are in law, the Ld.CIT(A) having erred in confirming the disallowances of Rs.18,12,133/ - being share issue assessment expenses written offu/s 35D." The learned counsel for the assessee has conceded before us that the issue involved in this ground is squarely covered against the assessee by the decision of the Tribunal for A.Y. 2000 -01 and 2001 -02. The counsel further submitted that the question of law has been admitted by the Bombay High Court. The assessee has filed a declaration as required by the provisions of section 158 A(1) of the Act. Accordingly we decide this issue against the assessee following the decision of the Tribunal in assessee's own case for A.Y. 2000 -01 and 2001 -02 with the right to the assessee to seek amendment of this order, if necessary, so as to bring the same inconformity with the decision of the Hon'ble Bombay High Court on the identical question of law when the same become final of A.Y. 2000 -01 and 2001 -02. Ground No. 3 of A.Y. 2004 -05 is accordingly dismissed.;


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